Meeting of the Parliament (Hybrid) 25 August 2020
Amendment 26 seeks to make equally shared parenting the starting basis for custody orders, but it would not prevent courts from then deciding on the most appropriate split based on the circumstances of each case and, crucially, the best interests of the child.
The intention of amendment 26, which mirrors an amendment that I lodged at stage 2, is certainly not to make shared parenting mandatory; rather, it would require the court to start with that option if one of the parents requests it, before going on to consider any reasons why a different pattern is better for the child or children in question.
I remain firmly of the view that the legislation should do nothing that might dilute the primacy of the best interests of the child in any decisions that are taken on residency and access or on other considerations. I do not understand how requiring the courts to work from the presumption set out in amendment 26 would do that, as the court would still be free to reject that option, either immediately or in due course, depending on the circumstances and facts relevant to the case. Moreover, the presumption of shared parenting is one that exists in other countries that share our determination to prioritise the child’s best interests.
15:45My amendment reflects the general benefits for children of shared parenting shown by international research, be that in terms of their social and psychological wellbeing, educational attainment or the avoidance of adverse experiences.
Of course such shared arrangements may not be practical or desirable, but given how rarely courts appear to rule in favour of an equal split in parenting responsibilities, it seems reasonable to ask whether there is already a presumption inherent in the system.